(1) A contract for the sale of minerals or the like
including oil and gas or a structure or its materials to be
removed from realty is a contract for the sale of goods within
this article if they are to be severed by the seller but until
severance a purported present sale thereof which is not effective
as a transfer of an interest in land is effective only as a
contract to sell.

(2) A contract for the sale apart from the land of growing
crops or other things attached to realty and capable of severance
without material harm thereto but not described in subsection (1)
or of timber to be cut is a contract for the sale of goods within
this article whether the subject matter is to be severed by the
buyer or by the seller even though it forms part of the realty at
the time of contracting, and the parties can by identification
effect a present sale before severance.

(3) The provisions of this section are subject to any third
party rights provided by the law relating to realty records, and
the contract for sale may be executed and recorded as a document
transferring an interest in land and shall then constitute notice
to third parties of the buyer's rights under the contract for
sale.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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